One afternoon, I sat quietly watching the clouds reflect off ripples moving across the lake. I felt nostalgic. I wanted to pen a note to my daughter, Jessica.

I wanted to tell her how to live life without regret.

I’ve had my own. But I wanted to spare her the regrets so many of us experience when life falls short of its full potential.

Jessica is strong, smart and well into her career. I know she will do well in life. What could become her regrets, I wondered. And could I help her?

Then, I began to think about you─our clients, your families and what regrets you might be shouldering at this moment.

In her book The Top Five Regrets of the Dying, palliative care nurse Bronnie Ware shares the thoughts of her patients as they prepared for their quiet endings.

What matters most at this point?

And why would a financial advisor like me dare to comment on such a sacred subject?

Here is Ms. Ware’s list of the top five regrets (think wishes) of the dying:

I wish I’d had the courage to live a life true to myself, not what others expect of me.

I wish I hadn’t worked so hard.

I wish I’d had the courage to express my feelings.

I wish I had stayed in touch with my friends.

I wish I had let myself be happier.

Do you see yourself in these thoughts? Are they meaningful to you?

Do you notice not one is about money?

Although I am in the business to manage money, grow and preserve wealth, I find myself surrounded by the emotional side of money every day.

The freedom it brings. The responsibility. The stress. The fear of loss.

So I counsel my clients, usually by asking many difficult questions. I need to know you not only on a financial level but on an emotional level, too.

And now I want to learn how my skills at financial advisory can help you live life without regrets.

Most credit Mark Twain with saying: I believe we feel the most regret about missed chances we did not take.

That’s because our “psychological immune system” allows us to recover from unpleasant experiences more quickly than we think due to our ability to rationalize and reframe how we view things. However, it is harder for this system to kick in when we have never tried something in the first place.

Emotional Side of No Regrets

Let’s talk about the things you can do now to diminish regrets in your life on an emotional level; then we’ll talk about tangible things you can do on a financial level to buffer you from regrets later.

Here’s a personal roundup of seven areas I work on to reduce the potential for regret:

Question assumptions; discover your own path

Trust your gut instincts

Take risks; move outside your comfort zone daily

Learn to love change and the opportunity it brings

Keep your work in perspective; focus on what’s meaningful in your life

Practice forgiveness and kindness with everyone

Tell and show your loved ones you love them as often as you can

Write down what you believe you can do now to leave no regrets.

It is a very personal process, just like financial life planning. Give it a try. It can be liberating.

Financial Side on No Regrets

Now, let’s turn to the practical side of regret-banishing. There are certain financial actions you can take right now to help avoid regret in the last chapter of your life:

Prepare Your Will, Living Will or Trust (trusts can limit estate taxes at 40 percent or legal challenges)

If You Own a Business, Do Your Succession Plan (protect what you’ve built)

Regarded as a sacred object, the Holy Grail refers to the cup used by Jesus at the Last Supper; it is believed to possess miraculous powers to “provide happiness, eternal youth or sustenance in infinite abundance.” Whether real and lost to history or only a legend in literature, the quest for the Holy Grail is an apt metaphor for today’s post.

At the very heart of the relationship between advisor and client we find the oft unspoken quest for core values. You want to know your advisor’s core values. He or she wants to know yours. Why?

One word: Trust.

When embarking on a financial life journey together, client and advisor must trust one another. The presence of trust is the only way to remove the fear of risk, so often prevalent in financial decisions.

You meet with an advisor. He asks you to read his Fiduciary Oath. Is that sufficient? What more should you know?

He asks what you value in life and how you wish to express those values through your wealth. Is that sufficient? What more should he know?

In understanding our core values, we try to figure out the nature of our best selves. How to guide our behavior with a strong moral compass. How to treat people, clients, and each other.

Does a statement of values hung on an office wall or written into a Fiduciary Oath move you?

Many companies state core values in their public-facing documents: Communication. Respect. Integrity. Excellence. What do these words mean? They meant nothing to Enron in whose 2000 annual report they were printed.

Or are core values the embodiment of how we behave each day? How employees behave? What we do in a crisis? What we do in private and in public.

Core values, like the Holy Grail, are to be revered, protected and woven into life’s moments of truth.

For us, core values are critical to long-term growth and our business value. But they are not one dimensional. They matter because they build bonds of trust. With you and your family.

I worry about the financial services industry. Too many examples of rudderless, rogue advisors or ravenous banks have commanded headlines since 2008. Remember the '80s savings and loan crisis?

But we can and will stand apart. By following your core values. And our own.

Your Core Values First

As a client of Roush Investment Group, either on the wealth management or 401(k) plan side, you took a leap of faith that we would deliver on our promise. I’ll share a quote by Roy Disney: “It is not hard to make decisions when you know what your values are.”

You knew. And decided to join us. I hope not before we fully understood you as a person. Because deep understanding of our clients underscores our business purpose. Your unique beliefs, attitudes and behaviors matter to us.

Instead of asking you questions from a pro forma questionnaire, we try to ask the question behind the question.

What’s your WHY?

What are your values and are you being true to them?

Do you do the things you know you should?

Are your “shoulds” blocking your happiness?

If you achieved all your life’s goals, how would you feel? What would it look like?

If we could wave a magic wand and do anything together, what would you want to happen?

These are but a few of hundreds of questions that go to the source of your core values. Your answers help us to hear you, see you and understand you.

Something we all want. To be heard, seen and understood. Don’t misunderstand. We are not psychologists. By any stretch. We deal with these questions because money can exercise power over the human mind. And money, especially wealth, can affect your core values.

Think for a moment about your core values. Here’s a short, random list some of the values our clients might share with us. Do you recognize any of your core values?

The late Joseph Campbell, an extraordinary writer and lecturer on the human experience, saw life this way:

“People say that what we’re all seeking is a meaning for life. I don’t think that’s what we’re really seeking. I think that what we’re seeking is an experience of being alive.”

An experience of being fully alive.

With your core values to guide you on the journey.

It’s nothing less than perfect in a less than perfect world.

So how does the Roush team express its core values. Allow me:

1. In how we hire:

Character before talent. We can train for talent. Passion, accountability and ethics come from deep within. We own what we do. And when we hire correctly, we transfer the benefits of our core values to you.

2. In how we behave:

Professionalism without compromise. When we’re guided by core values, we can change behavior in ourselves and others for the good. And we can make a difference in the lives of clients and their families.

3. In how we manage our firm:

Open to new ideas and challenges. Keeping it real and honest. Willing to accept the pain that living one’s values can create. Doing the right thing. Fostering teamwork and community service. Pumping the heart of our culture with our core values.

4. In how we treat our clients:

With regard, respect and collaboration. As intelligent, accomplished people who always deserve our best thinking, ideas, solutions and attention. As members of our family who wish a bit of help to realize their vision.

Well, I’ve been a little philosophical in this post. Thank you for indulging me. My takeaway message?

Whomever you choose to advise you financially, anchor the relationship with shared core values.

Rick Roush AIF®, CPFA

A clarion call went out to ERISA fiduciaries on June 9 when new fiduciary rule went into effect.

The Employee Retirement Income Security Act of 1974, or ERISA, protects the assets of millions of Americans so that funds placed in retirement plans during their working lives will be available when they retire. The IRS, Department of Labor, and ERISA regulate various compliance aspects of plans.

50 Million People Affected

The fiduciary rule affects over half of the country’s working population. Participation in 401(k) plans continues to grow with more than 50 million workers actively participating in more than 500,000 different company plans. The Investment Company Institute reports Americans hold nearly five trillion dollars in assets in 401(k) plans at the end of 2016.

The compliance stakes are high.

A look back at 2013 alone shows the DOL collected from plan sponsors $1.69 billion in fines, voluntary fiduciary corrections, and informal complaint resolutions, which represents 33 percent increase over the previous year.

Ignorance of the Law No Excuse

Many employers (plan sponsors) offering 401(k) plans do not realize they are personally liable for any compliance breach of their retirement plans. They may not even understand their fiduciary responsibilities because they assume service providers take care of this “administrative” detail.

That is a dangerous misconception.

Smaller plans with less than $50 million in assets face greater vulnerability because they may not understand the need for or role of designated fiduciaries. Unlike larger plans, smaller plans may not have in place elaborate compliance safety nets which protect larger plans. However, “ignorance of the law excuses no one” as the legal principle warns.

Most Common Breaches

Arguably, there are half a dozen or more common compliance issues over which employers stumble:

Failure to understand eligibility requirements and enrollment timing

Late transfer of paycheck withholdings to custodian accounts

Absence of a plan committee to oversee performance and investment options

Failure to follow the plan’s definition of eligible compensation

Improper vesting of terminated participants and use of forfeited amounts

Improper distributions to participants

Now, with the new fiduciary rule, employers not only have to worry about getting stuck in the weeds above, but they must also watch over the entire landscape.

In our last post, we discussed the new fiduciary rule and its requirement for advisors to act in the “best interest of clients.” This lifts the bar on the lower standard suitability followed by broker-dealers with the “potential for conflicted advice offerings” because they receive commissions on certain investment products.

Two Essential Questions

“Plan sponsors, in their capacity as fiduciaries, should know whether or not their advisors are fiduciaries and whether they have any conflicts of interest,” says Fred Reish, known as the industry’s go-to ERISA expert.

“If I were on a plan committee, I would ask the adviser for a written answer to those two questions,” he urges.

Remember, many broker plan providers still operate under the suitability standard, which does not protect you from plan liability. You must step up.

Is anyone reviewing plan communications to ensure compliance with the fiduciary rule? Are your plan providers recommending specific IRAs or investments to plan participants in their rollover actions? Both potential landmines.

What to Do Next

First, it is important plan sponsors review all relationships with investment advisors for their fiduciary status. If unclear, your litmus test is to secure a fiduciary pledge of assurance that they accept full investment responsibility for the plan.

Even so, as plan sponsor, you are still required to monitor their actions to ensure everything that could be done is being done in the best interest of the plan and your participants.

And, until January 1, 2018, you are in a bit of a twilight zone. That’s because one accountability part of the new fiduciary rule, called the Best Interest Contract Exemption (BICE), won’t be enforced until then. BICE permits employers to continue working with brokers who collect commissions if the broker agrees to act in a fiduciary capacity and disclose all forms of compensation.

Until then, the playing field remains gray as legal interpretation of key wording continues. Apparently, the new DOL fiduciary rule covers 1,000 pages.

Your best path is to undergo a fiduciary assessment now to know where you stand, what plan areas may be vulnerable, then act to avert possible hefty fines or burdensome litigation.

No doubt Fidelity, American Century, Franklin Templeton, Allianz, New York Life, and Cetera, to name a few in the financial sector alone, wish that had occurred before class-action suits made their way to the courts over their roles as plan sponsors.

Self-Correct with a Fiduciary Assessment

As a registered investment advisor and 3(21) fiduciary, Roush Investment Group invites you to consider a full fiduciary assessment of your 401(k) plan to ensure it is compliant and penalty-free. Some of the key areas we analyze during this process include:

Overall plan governance

Fee structure

Plan documentation

Investment policy and management

Overall plan compliance

Participant communication

Annual plan review and reporting

Armed with this information and corrective recommendations, you will be able to self-correct and bring your plan up to date with new DOL and IRS requirements.

Compliance with the long-awaited Department of Labor (DOL) fiduciary rule became a reality.

Now firms must comply with the fiduciary definition along with provisions on conflicts of interest and impartial conduct. Written disclosures requirements kick in Jan. 1, 2018.

What does this watershed moment mean to the industry?

Some observers expect the DOL to try to “overturn or modify the current rule.” Others predict that in “three to five years all advisors will be fiduciaries for both retirement and nonretirement accounts.”

Under pressure from both the rule and clients, many brokers, broker-dealer firms and wirehouses will scramble to shift from the “suitability standard” to the higher fiduciary standard of care, requiring advisors act in clients’ best interest.

Best Interest vs. Suitability

This excerpt from a recent Forbes Magazine article explains the difference with a familiar car purchase analogy:

“Under the suitability standard, the dealer could say, “A Ford Explorer would meet all of your needs and we have some of those right over here.” The dealer makes the sale and gets the commission. You have a car that is suitable for your needs, but it isn’t necessarily what’s best for you. Since you don’t have a great deal of knowledge about the auto market, you are in the dark.

Under the fiduciary standard, the dealer would be obligated to say, “It sounds like you are describing a Toyota Highlander. We don’t sell those. In order to get exactly what you described, you would have to go down the street to Toyota and ask for a Highlander. I can sell you a similar model called a Ford Explorer, it’s more expensive and it isn’t exactly what you described.” In this scenario, you have more information about your options and the conflicts driving the dealer.

The Ford dealer has a clear conflict of interest in this situation. He can only sell Fords and will lose the opportunity to earn a commission if the client buys a Toyota Highlander. Under the suitability standard, the client ends up with a product (Ford Explorer) that isn’t the best fit given their situation and it costs more than the better-fitting product (Toyota Highlander). Worst of all, the client probably has no idea that they weren’t given advice that put their own interests first.”

And so it is, the difference between brokers (registered representatives) and RIAs (registered investment advisors) as explained in our last blog on why you must know the difference between RIAs and brokers. Roush Investment Group opened its doors in 2010 as a 3(21) fiduciary; we’ve practiced in the sole interest of our clients from day one. As far as we’re concerned, the rest of the industry has arrived unfashionably late to the party.

Costly Move to Change

The shift to a fiduciary standard of care is not for the faint of heart. A 2016 study by A.T. Kearney forecasts the industry will sacrifice $20 billion in lost revenue through 2020, as more informed clients want to do business with fiduciaries. In fact, it is expected up to $2 trillion in assets will shift among different firms.

But here’s the rub. The rule is not a mandate. “By and large, absent a government mandate, you’ll find firms holding strong and trying not to deliver advice under a fiduciary standard,” predicts Brian Hamburger, president and CEO of MarketCounsel, a business and regulatory consulting firm for investment advisors.

In an interview with Barron’s, Hamburger shared his belief that most firms will stick to the status quo unless forced to change because the old ways are more profitable.

And the only force that can force a change is the Securities and Exchange Commission (SEC), which holds power to create a uniform regulatory standard governing the behavior of all brokers and investment advisors. One can speculate such a standard is the only way “we’re going to see the best investor protection possible,” says Charles Goldman, CEO of AssetMark.

Objectively, the new fiduciary rule may not automatically guarantee the full protection clients seek. First, the DOL “continues to look at the rule’s wording and aren’t promising they won’t change it. In fact, this is one of the reasons they used to justify any enforcement until the start of next year,” explains Chris Carosa on BenefitsPro.com. Second, pundits agree the rule has loopholes, which could lead to abuses.

More important, what does all this mean to you as a Roush client or prospect?

In my opinion, you still need to rely on your instincts about who is and who is not a “trusted advisor.” He or she may operate as a fiduciary. But what if they fall short in integrity, expertise, critical thinking, authenticity, insight or caring? No rule can compensate for these deficiencies.

Rest easy. You, your family, your business, and accounts are carefully wrapped in the best protection possible. We have always operated in your sole interest under the fiduciary standard of care.

Remember, I once came from the other side. When we launched our firm, I knew what to do to build a wall of protection around my clients because I’ve witnessed firsthand the consequences of working with people driven only by the profit motive. Pushing proprietary products. Hidden fees and commissions. Risky investments. These are nowhere in our DNA.

I want to focus on two key channels. First, Broker-Dealers (B-Ds). BD “advisors” are independent contractors and do business under their firm name or a larger BD, like LPL for back-office support.

Regulated by FINRA, the Financial Industry Regulatory Authority, B-Ds comprise members from the industry who, in effect, self-regulate. Banks own many broker-dealers, and they follow the “suitability” standard─investments made on behalf of a client must be suitable for the client at the time purchased. Further, they are fee-based, not fee-only, which means they can charge clients a fee to develop a financial plan, then charge more fees (or commissions) to implement the plan.

Registered Investment Advisors (RIAs). The RIA model came about after the Great Depression ended in 1939, presumably as a protective reaction to massive investor losses. RIAs hold a “fiduciary duty” to clients, which means they are legally obligated to always act in the “best interest” of clients, a major differentiator from B-Ds.

Under a fiduciary standard of care, your RIA must ensure the appropriateness of any risky investment under all circumstances. The Securities and Exchange Commission (SEC) or state regulatory bodies regulate RIAs under the 1940 Investment Advisors Act.

True RIAs are fee-only advisors, another major differentiator, and do not accept any fees or compensation based on product sales, which means no inherent conflicts of interest. Clients agree in advance to a fee tied to the value of the assets for management of the account, the only fee charged. No trailing commissions on mutual funds. No hidden fees on anything. Full stop.

While I admit to bias, RIAs provide more comprehensive advice, in part, because they are duty bound to clients to show transparency, impartiality, and full-disclosure of fees. Always know the compensation mechanism of your advisor.

Roush Investment Group operates as a RIA, working in your sole and best interest. RIAs give up their Series 7 securities licenses. If we fail our fiduciary duty, we can go to prison. No other business model in the industry─except the RIA─follows the higher fiduciary standard of care, signs an oath to adhere it, and faces criminal charges if it fails to meet the standard.

Enter the Grey Clouds

Another channel has emerged in recent years: Hybrid Advisor. And here is where it gets complicated for clients. Dually registered with FINRA and the SEC, hybrids have the option to take any business, whether fee-based or commissioned, even with the same client. Yes, you have a choice on how to be charged. And, yes, you can access many products or services from a variety of firms.

But you may never know when the hybrid decides to push a “suitable” product to you for higher commission or decides instead to offer you fee-based advice because they:

often work for fee-only, but conflict arises from products used in a fee-based structure

may even lead with RIA role; however, waters muddy quickly, and you may not know

face only fines and termination for bad behavior; RIAs face jail

Broker-dealers may state they support the fee side of the business; a hollow declaration because they stand to earn substantially more money if their reps sell commission products. At your expense.

Given a choice between making more money and doing the right thing? After all, there’s a reason why greed is one of the seven deadly sins.

What’s more, broker-dealers owned by banks do not want the liability exposure of a fiduciary standard of care. Suitability works fine for them. However, clients realize no benefit. In fact, the entire hybrid structure does not benefit the client, only the hybrid “advisor.”

Please understand, an ocean of difference exists between the prudent recommendations of a RIA and the suitable recommendations of a hybrid, fee-based advisor.

The impetus behind the hybrid channel is the broker-dealer. It uses the channel as a flexibility magnet to attract and hold those advisors who do not want to tether to only a broker-dealer or RIA.

I’m not saying they are “bad actors” in an industry already fraught with trust issues; I am saying caveat emptor, buyer beware.

Shelter in a Storm

You can get out from under the gray cloud of uncertainty. You can adopt certain protective gear. No matter from whom you seek financial advice, ask the following questions and clear the air. If the person at the other end of the question hesitates at all, or succeeds in hedging an answer altogether, he or she likely has a conflict of interest and is not operating in your best interest.

1. Are you familiar with the Fiduciary Oath from the Committee for the Fiduciary Standard?

If, yes, continue with next question. If no, walk away.

2. Describe for me your Fiduciary Oath and would you sign it for me?If, yes, continue with next question. If no, walk away.

3. Are you affiliated with a broker-dealer? Or a bank?If, yes, continue with next question. If no, continue to probe.

4. Can you tell me what to expect from products or services?Listen very carefully and take notes.

5. Are there any disclosed or non-disclosed benefits or commissions which accrue to you?Depending on the answer, reconsider working with the advisor to protect your money from fee erosion. Banks and broker-dealers hide fees.

We do not believe your interests should be subordinated to the financial interests of the industry.

We do believe anyone calling himself or herself a financial advisor or consultant should be held the fiduciary standard of conduct.

And, we believe you deserve the tools necessary to distinguish between higher-quality advisors and lower-quality advisors.

This email address is being protected from spambots. You need JavaScript enabled to view it. with a simple “I want the Fiduciary Oath,” and we will send it to you shortly to help you with questioning advisors.

In our next post, I’ll discuss the new Department of Labor Fiduciary Rule which went into partial effect June 9 and its implications for retirement plans and the investment advisory business.

It’s the lifeblood of my business. So, I decided to do a little research. On some level, I already knew what I’m about to share, but it still took my breath away to see it in black and white.

Two-thirds of clients do not trust advisors to act in their best interest, cites The American Association of Individual Investors (AAII) in a June 2016 poll or some 2,000 respondents.

“Sixty-five percent said they ‘mistrust a lot’ or ‘mistrust a little’ when it comes to whether the financial services industry and specifically brokers and financial advisors will do what is in the best interest of clients,” said the AAII. [bolding is my emphasis]

Only 15 percent said they “trust a little,” and only two percent of respondents said they trust the industry a lot. “Perhaps not surprisingly, the vast majority–nearly 83%–feel that their interests are secondary to corporate profits and advisor/broker compensation,” the AAII wrote.

Guava Not Grapes

Public confusion persists over the difference between commission-based brokers (think grapes) and advisors who follow a fiduciary standard of care (think guava). What you need and want is the special flavor and uniqueness of a guava, not a common bunch of grapes.

Of course, many of you are sophisticated clients and know this. I do believe that as your fiduciary, we hold a responsibility to regularly reaffirm our trustworthiness, especially in an industry fraught with bad actors.

When the average consumer hears the words “finance” or “insurance,” they tune out, annoyed by moral failings and outright greed of Wall Street, hedge fund managers, big banks, mortgage lenders, and the Madoffs of the world.

Money is an emotional issue for people, regardless of their level of affluence. Bring it up, and the red blush of vulnerability spreads across their face.

Elite advisors, like ourselves, share a responsibility to turnaround the trust deficit. And I believe strongly that consumers of financial advisory services owe it to themselves to hold their advisors’ feet to the fire. Because growing and protecting assets depends on growing and protecting trust.

Do Certifications Signify Trust?

I can count on one hand the number of “trusted” advisors I know worthy of the name. But then, I am a tough taskmaster on most subjects.

My drive to cultivate trust drove my effort to earn key certifications: Accredited Investment Fiduciary® (AIF) and Certified Plan Fiduciary Advisor (CPFA), and to establish my firm as a Registered Investment Advisor. All these marks signify specialized knowledge of the fiduciary duty and a commitment to promote a culture of fiduciary responsibility and professionalism. But there’s no guarantee even certified advisors will do the right thing. Knowing humanity, I suspect the fiduciary care standard suffers its share of bruising, too.

It is fair to say; trusted advisors are not product salespeople. Even so, your “financial advisor” may not be operating with your best interests at heart. And some 200,000 do business in the United States.

That was the finding from a recent report from the Consumer Federation of America, a Washington, D.C.-based consumer advocacy group. The organization looked at 25 major brokerage firms and insurance companies.

The report said while brokerage firms and insurance companies call their professionals "financial advisors," these individuals often are sales representatives who pitch mutual funds, annuities and insurance products.

I am going to offer you some key questions to ask potential advisors in a moment to help you separate the guavas from the grapes. Put me to the test, too.

What Creates Trust

To determine what creates the trust in “trusted” advisor, we need to wade through some pretty deep waters. Opinions on trust are as plentiful as fish in the sea.

The experience of trust is highly subjective; its origin rests in the mind of the client or prospect. It can be quantified, but that’s secondary.

Neuroscience confirms that people buy on emotion and justify with logic. While this finding has a long history and its detractors, I submit the creation of trust parallels the emotion-logic sequence.

Allow me to offer my seven-point list of what (I believe) creates trust, based on thirty years in the business:

Roush’s Top-Seven List

Integrity You experience your advisor as ethical, reliable, and trustworthy through his actions. Accountability is at the top of his agenda, alongside transparency and full disclosure.

Expertise You know your advisor delivers what’s promised with the knowledge, experience, processes, and people in place. Your advisor is a 3(16), 3(21) or 3(38) fiduciary or brings them into the relationship.

Authenticity You feel the passion your advisor holds for his or her profession; you know their values, belief systems, and sense their positive intent. They treat you as an individual instead of a number. And their word is golden.

Chemistry You enjoy the working relationship, communication, and effort put forth to understand you and what you care about. The advisor asks probing questions and actively listens to your answers. His sincerity, empathy, and credibility are palpable.

Insight You appreciate your advisor’s ability to guide you through complexity, simplifying difficult topics and concepts along the way. You recognize how your advisor helps you uncover the value in his advice and recommendations.

Focus You are confident your advisor operates in your sole interest. You will not encounter any unexpected surprises or lapses in service.

Vulnerability You know your advisor can admit mistakes. This ability signals vulnerability, which is the gateway to courage, a quality that creates trust and confidence in others. And it develops through self-reflection and personal growth.

Key Questions to Ask Your Advisor

When all is said and done, everything comes down to truth. Will you advisor tell you the objective truth, based on facts, and will he share his truth? Ask these questions of current or prospective advisors:

What are your advisor's core values? Can he or she recite their values to you with conviction? Or do they value the transaction over the relationship?

How is your advisor compensated? Get very clear on whether your advisor is fee-based or commission-based. Understand how you pay the fee─ annually, deducted from your assets, or must you write a check each time you meet or speak.

How extensive is your advisor’s expertise, experience, training, and certifications? Transparency engenders trust. And you can easily check on your advisor’s credentials, claims of expertise, the veracity of advice. Contact FINRA, other clients, do online searches for information.

Can you define the nature of your client service with “above and beyond” examples? Self-explanatory. However, you want to look for a red-carpet brand or white-glove service that pushes way beyond a once-a-year phone call.

If I check FINRA or ERISA, will I find any instances of non-compliance? Of course, this inquiry is critical. Nothing short of total compliance can work in our business.

What is your commitment to client education? Do you understand your plan or investments? If not, it is a red flag. Determine to your satisfaction that your advisor will take the time to explain all aspects of your financial program patiently. You must stay informed and well educated about your money.

Will you sign a “truth commitment” or fiduciary oath for me? For more information on this fascinating concept, check out Wealth Manager, Paul Merriman’s article on MarketWatch.

The good news? Roush Investment Group is already a 3(21) investment fiduciary.

But that does not mean we sit on our status. Your financial well-being comes first.

You will hear more from us on matters of trust.

In a world of so-called “fake news,” one thing we know with certainty: You can’t fake trust.

The Big Problem No One is Talking About

Out of 28 million businesses1 in America, roughly 10 millionowners plan to sell or close their businesses over the next 10-15 years 2, the majority because they need to fund their retirement.

And nearly 80 percent of these business owners plan to fund 60 to 100 percent of their retirement by selling their business.

But there’s a big problem no one wants to talk about.

Seventy-two percent, have no exit plan.3

Of the remaining, only half put a strategy in place; the other half are working on a plan.

Find a Sense of Urgency

We understand you’re massively tasked with running your business. And that you get little time off for the luxury of advanced planning. But without an exit plan, you risk losing or devaluing your largest asset.

And it’s not just only about you.

Selling closely held businesses affects tens of millions of people. Small business employs more than 80 percent of all U.S. workers. Those folks may be family members, long-time employees or friends.

Roush Investment Group has always been a crusader for small, mid-size closely held businesses. That’s why we’re here to help you prepare your business exit plan.

This post, the last in a four-part series, looks at how to prepare to sell your business, and what to do even if you don’t want to sell. First, a word about family-owned businesses.

Difference with Family-Owned Business

The majority of family business owners believe their families will control their business in five years, but succession statistics tell us otherwise.

According to The Family Firm Institute 4, only about 30 percent of family-owned businesses survive into the second generation, 12 percent are still viable into the third generation, and only about 3 percent of all family businesses operate into the fourth generation or beyond.

While this is a sad reality, there’s a solution to stem the loss. Business failures happen because of the absence of family business succession planning, supported by an exit strategy plan.

“We are in the beginning of a transition within the American economy where more than half of all businesses with employees will need to sell, restructure, or close their doors. The numbers are finite and inescapable. Mortality is a real thing. Liquidity issues and estate taxes don’t take care of themselves. Without a plan, the likely result is a legacy of chaos and confusion.

Whether begrudgingly or willingly, every Baby Boomer owner must confront this question: What will my company look like without me involved, and what process needs to take place to ensure my family’s financial health and the company’s prosperous future?”

Business Exit Planning Process

Exit planning creates and executes on a strategy to enable owners to leave their business interests in their own time and on their terms.

Exit planning is an established process with a written roadmap, involving a team of professionals, led by an exit planning advisor who guides the path to results.

Most entrepreneurs go into business intending to build, sell, and move on. Experts say you should begin planning for your exit the day you open.

You invest decades building and running their businesses. One day, you know you’re done. You want something different out of life, less stressful, perhaps, more meaningful. You simply want to stop grinding it out every day.

Even if selling your business seems far in the distance, at some point, every business owner steps away from command due to:

Retirement

Ready to pass it on to children or other family members

Ready to sell

Faced with health issues limiting the ability to run the business

Premature death of owner or business partner

Get the Maximum Value

Your documented exit plan will help you get the maximum value for your business, whatever your goal. Among the personal exit goals we encounter, owners want to:

Use the sale of the business to fund retirement

Create a business that succeeds for future generations

Enjoy more free time and time with the family

Travel and see the world

Reduce stress and focusing on healthy living

Exit planning may take as little as six months to as many as five years to fully plan and implement an exit strategy, with the average time of two years.

Make sure the business is ready, too. You need the right people and systems in place for a smooth transition and to meet your ideal selling price. Of course, the business needs to showcase solid financials to attract the right buyer.

Prospective buyers will want to know how involved is the owner? If he or she is integral to the success of the business, the buyer will mostly be buying a job. We often see the purchase price based on an earn-out formula requiring the owner to stay on for a few years. If the business can run without you, it will be more valuable to a buyer.

As an owner, you need a strong understanding of the market value of your business. Once you do, you can take strategic measures to increase the market value, where needed.

Four Steps and the Questions to Ask Yourself 6

Step 1─Exit Objectives

Have you determined your primary planning objectives in leaving the business, such as:

Is the business ready to sell? Right time? Is the market right?

Your desired departure date?

The income you need to achieve financial security?

To whom do you sell or leave the business?

The value you are seeking? How is a buyer going to value my business?

How you plan to treat valued employees once you exit?

Step 2─Valuation and Cash Flow

It’s important to understand how businesses in your industry value themselves and determine price.

Do you know what your business is worth?

Do you know what the business’s future cash flow is likely to be after you leave it?

How do buyers determine price in your industry?

Step 3─Making the Business More Valuable

Increase value by knowing how to find hidden value and account for it in your in planning.

Do you know how to increase the value of your ownership interest?

Do you know where the hidden value is in your company?

Do you know how to pull value out of the business before the sale?

Step 4─Sale or Transfer to Third Parties

Who should be on your team when you sell?

Is your buyer a strategic or financial buyer? Employees or family members?

Can your business survive without you or a key customer?

Are you willing to stay on?

What are the deal breakers?

Would you consider alternatives to an outright sale?

What You Can Do Right Now

This list is certainly not exhaustive; however, it will help you get started.

Improve Your Financials

Review your balance sheet and income statement; clean up your books

Know the cost of each component of your product or service

Acquisition costs for a new customer/client

Rationale behind the pricing strategy

Onboarding costs for new hires

If you’re exit planning, consider ways to consistently increase sales and revenue, with special attention to recurring revenue sources to generate gross income for a new owner. Build recurring revenue streams and shore up pending customer or vendor contracts to give buyers the comfort of a consistent revenue flow.

Analyze Your Market

Evaluate what external trends may impact the strengths and weaknesses of your business

Study market size and competition; pinpoint differentiation

Understand your ability to cope with changes on near or long-term horizon

Improve Your Operations

Ensure the right management team is in place

Document your processes

Polish up your facilities

Determine Your Business Worth

Be realistic how much your company is worth

Do your research; don’t be blindsided

Get clear about the hidden value in:

Your intellectual property

Your employees (retain key talent)

Your distribution strategy

Consult an investment banker familiar with your market

***

It’s time to decide. Once you’re ready to do a business exit plan, contact us.

We’ll share a list of documents you need; then we’ll sit down together, review your goals, and set up a course of action. We’ll do the worry and work, so you don’t have to.

Rick Roush AIF®, CPFA

Why You’re Ready for the 401(k) Plan of the Future

Too few plan sponsors understand the service hierarchy surrounding 401(k) plans, let alone the responsibilities of each servicer.

Do you know who is responsible for what in your plan? Chances are, you don’t.

In the event of a compliance or liability issue, this lack of knowledge can cost you dearly.

Several years ago, the Department of Labor hired 1,100 more auditors to audit every qualified retirement plan in the United States by 2020.

In FY 2016, the Employee Benefits Security Administration, responsible for ensuring plan integrity in the U.S. closed 2,002 civil investigations and 67.7 percent resulted in fines on plan sponsors who, one could say, were not paying attention to their plans.

The average fine was $259,000. Could your P&L handle that?

We want to raise your awareness of who’s who in your 401(k) plan, and suggest an innovative alternative to you to sleep better at night. We worry about you sponsoring a plan with a false sense of security.

By default, you, the plan sponsor/employer is 100 percent responsible for your plan, especially its investments.

You hold the ultimate decision-making authority for those investments, their selection, monitoring, replacement or removal─with the freedom to accept or reject any recommendations.

If you are uncomfortable making your plan’s investment decisions, you have several choices. You can work with a non-fiduciary registered representative (a broker). You can work with a 3(21) fiduciary, like Roush Investment Group, also an Accredited Investment Fidicuary. Or you can work with a 3(38) investment manager.

Let’s quickly define our terms and spell out the main pros or cons of each role.

In general, fiduciaries hold the responsibility and duty to:

Operate the plan only in the interest of participants for the sole purpose of providing benefits

Act “prudently,” as in how a professional would perform under similar circumstances

Diversify the plan's investments to minimize risk of any large losses

Follow plan document terms written to govern the plan

Avoid conflicts of interest with the plan

Roush Investment Group is a different breed of 3(21) investment fiduciary. However, before I explain our difference, let me first explain the term 3(21) which defines our responsibilities under The Employee Retirement Income Security Act of 1974 (ERISA) in § 3(21). A quick review in layman’s terms.

The 3(21) Fiduciary

As your 3(21) investment fiduciary, a fee-paid professional, we advise and provide investment recommendations to our clients, the plan sponsors. A 3(21) fiduciary advisor gives direct guidance and recommendations to each participant on his or her investment selections.

The plan sponsor retains the consequent decision-making authority for the investments, and may accept or reject the recommendations. We share fiduciary responsibility with you, and we assist in writing the investment policy statement (IPS), the governing document which is the foundation of the process.

As plan sponsor, you also must decide who executes the investment decisions for the plan or select your 3(38) investment manager, the primary point of today’s post.

The 3(38) Fiduciary

ERISA Section 3(38) defines the investment manager as a special type of fiduciary, specifically appointed with full discretionary authority and control to decide on actual investments, subject to plan document terms and the IPS. The manager may select, monitor, remove and replace the investment options offered under the plan.

The 3(38) must be a registered investment adviser, bank or insurance company, and must acknowledge its fiduciary status in writing. Service agreements must carefully drafted to provide for the appointment.

Advantages of a 3(38) on Your Plan

The powerful draw of a 3(38) fiduciary, if properly appointed─plan sponsors are relieved of fiduciary responsibility for the investment decisions made by the investment manager. The 3(38) fiduciary assumes even greater liability than a 3(21).

While still responsible to monitor the investment manager’s proper performance of services, you do not need to worry about or second-guess investments. Now you have an extra layer of protection.

Every plan sponsor needs a 3(38)-investment manager to mitigate risk and liability.

Your brokerage firm, investment advisor, insurance agent, or financial planner cannot reduce your liability because they offer no process for continuous monitoring of the responsible parties in the hierarchy. And yet, you pay for services. In fact, benchmarking is all they can offer; however, then you are compelled to take that knowledge and execute or not.

What’s more, they only bind themselves by the lesser “suitability” standard of care, not the “accountability” of fiduciaries bound to do only what is in the sole interest of the client.

What if you could find a golden referral to a 3(38) investment manager?What if you could access a failsafe process to bring down your plan liability?What if you could tuck the responsibility hierarchy under one umbrella without monitoring everyone? The good news? Every Roush client will soon benefit from the maximum protection that the law allows as we transition to the 401(k) plan of the future─our breakthrough DCPro process.

DCPro─Eliminate the Burden. Optimize the Benefit

Earlier I referred to Roush Investment Group as a different breed of 3(21) fiduciary. And here’s why.

We are pleased to introduce an innovative process, called DCPro, to surround your plan with the ultimate shield of protection. Roush Investment Group identified and appointed industry-leading fiduciary experts to collaborate and manage your plan in your best interest.

DCPro delivers the expertise of a 3(16) plan administrator, a 3(21) fiduciary advisor, and a 3(38) investment manager in one powerful collaboration, each driven to limit your liability exposure.

As your 3(21) fiduciary, Roush Investment Group helps you monitor all servicers to your plan through the latest software and technology platforms. Think of us as your sentinel on watch, your plan’s own security system.

Now, you do not need to be an expert fiduciary or search for the right 3(38) investment manager. Or worry about the compliance readiness of your plan.

We’ve removed the burden of 401(k) operations from your back office to ours. And provided a named fiduciary to relieve you of fiduciary responsibility to the maximum extent permissible by law.

You are virtually free of compliance threats, No more time-consuming responsibilities, And at a market competitive cost.

Make a Wise Choice

Instead of struggling to piece together a team of independent fiduciaries yourself, who may or may not work well together, take advantage of the seamless structure of DCPro.

We’ve already done all the work for you.

Even if you’re not ready for our solution, we strongly urge you to upgrade the fiduciary protection on your plan by engaging a proven 3(38) investment manager for all the reasons we’ve discussed in this post.

Don’t be caught off-guard by regulators. Make the wise choice to protect yourself now.

Erin Cathcart

Traditional 401(k) Plans vs. Roth 401(k)s

Why Give Employees a Choice?

Do you sponsor a 401(k) plan for your employees? Many of our clients do. But less than half of American companies with under 100 employees do 1. If you’re one of those, your cost of doing business in 2017 is set to rise.

A talent shortage persists. In a report by Deloitte, 79 percent of manufacturing companies face difficulty filling positions due to a skills gap. Roughly the same percentage was reported in consumer products (78%), technology (77%), healthcare and business services (both at 74%). All these sectors reported ‘major talent shortages.’

To add to the challenge, millennials (born between 1982 and 2004) represent the majority of the workforce today. And they’re a delightfully contrarian lot.

Some 75 million strong, millennials expect more from work than previous generations. They’re extremely wired, accessing terabytes of information to make more informed decisions. They’re attracted to brands they love and employers who care. And they want great benefits.

No, they expect great benefits.

Your Talent Magnet

If you do not offer a fully competitive 401(k) plan to your employees, you will be hamstrung to attract and retain the top talent you need to grow your business. When a prospective hire considers whether to work for you or someone else, the package of benefits you offer will make the deciding difference.

In a nation suffering from retirement insecurity, workers naturally look to their employers for assistance. A 401(k) plan proves you value your talent and what it brings to the company. What’s more, retirement benefits rank second behind health insurance in importance to your people. Besides, it costs far less to offer benefits designed to keep good people than to find, hire and train new ones.

“If employers would really calculate in a systematic way how much turnover costs to them, they would pay more attention to clever ways of compensating workers, like adding a 401(k) account to their benefits,” says Teresa Ghilarducci, nationally recognized expert in retirement security. “It doesn’t really cost that much, because the 401(k) contributions are flexible, employers can stop them whenever they want, most of the contribution can come from their employees, and employees really like them.”

A 401(k) plan offers tax advantages for both the employer and employee. Many small businesses can qualify for a $500 tax credit to offset the cost of operating a 401(k) plan for each of the first three years. Plus, when the employer matches employee contributions, those sums are also tax deductible. Brightscope tells us that more than three-quarters of sponsors make matching contributions to their plans. Little wonder, then, by the end of Q1 2016, Americans held $4.8 trillion in 401(k) plans.

But here’s the sad news.

Remember that roughly half of Americans do not work for an employer that sponsors a retirement savings plan. And consider this: “When you add in people who did not participate in a plan offered to them or who were not working, a staggering 68% of working-age people (25-64) did not participate in an employer-sponsored plan,” reports Forbes.

The Lucky Ones

Progressive employers give employees a leg up on retirement security with a 401(k) plan and offer a choice between a traditional 401(k) plan and a Roth 401(k) plan. Fifty percent of employer defined contribution plans offer a Roth 401(k), according to Aon Hewitt.

Here’s the great news: Your employees do not have to choose between one or the other. There’s room for both. By understanding the differences between a traditional and Roth 401(k), you can help your employees save on taxes now and later. Let’s unpack these differences.

The Traditional 401(k) Plan

If you choose a traditional 401(k), you make contributions on a pre-tax basis. You pay taxes when you withdraw these funds at retirement. Because your contributions are not counted as income, your tax bill could be lower today. And, you enable your retirement assets to grow on a tax-deferred basis. Because you are taxed on future withdrawals, in effect, a percentage of your 401(k) balance belongs to the IRS.

Inside Roth 401(k) Plans

The after-tax Roth 401(k) plan does not entitle you to an upfront tax break, like the traditional 401(k), because you pay taxes on your account contributions at the time they occur ("today"). As important, withdrawals are not required and some plans could stipulate in plan documents that withdrawals occur at a defined “retirement age.” However, all accumulated growth and all qualified future withdrawals are tax-free. With your taxes already paid upfront, no tax is charged at retirement withdrawal. The plan your employees select will depend on their individual situations and retirement goals.

What to Consider

At its core, the decision to go Roth or traditional is somewhat of a calculated risk. You are betting on where tax rates will land in the future. Who can know? You can review historical tax rates, take the current political situation into account, then make a guesstimate based on these factors:

Your anticipated income growth over your career

Your current tax bracket

Your expected tax bracket at retirement

If taxes are your employees’ prime concern, they may prefer a traditional 401(k) and defer taxes (on their higher income now) until retirement when lower income and a lower tax bracket is more likely. Let’s say you’re at the beginning of your career with taxes deducted from your paycheck regularly; it makes sense to use this after-tax income to contribute to a Roth 401(k). The contributions grow tax-free, and you will not feel the pain of taxes at retirement.

What if your peak earning years come later in your career, and you find yourself in a higher tax bracket nearing retirement, the traditional 401(k) plan becomes a smart choice.

Alternatively, what if you befall a medical emergency or illness, you can tap a good-size portion of your Roth 401(k) to pay for the unexpected without the tax burden of a traditional 401(k).

Do the Right Thing

We know you care whether the investment lineup in your plan is well diversified. Why not help your employees diversify their tax exposure, as well? By offering both a traditional and a Roth 401(k) plan, you produce a trifecta of advantages. Participants in the plan can lower a certain amount of current taxable income, contribute to a diversified retirement plan, and gain some insulation against future tax hikes.

As long-time fiduciaries, we are duty-bound, and honor-bound, to do the right thing by our clients. That’s why we recommend offering both plans to your employees.

No better feeling exists than the experience of doing the right thing.

If we can be of service, please contact me below. My door is always open.